Annotations, Discussions, Cases:
Cases Citing Statute 794.021
Total Results: 15
608 F.3d 1222, 2010 WL 2382401
Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2010 | Docket: 1544443
Cited 40 times | Published
...Sorakrai, 543 So. 2d 294, 295 (Fla.
2d DCA 1989) (“It is our judgment that conduct violative of section 800.04 carries
with it the same concept of ‘strict liability’ that has traditionally characterized
‘statutory rape.’ Thus, we are persuaded that section 794.021 forecloses [the
defendant] from a defense based upon the victim’s misrepresentation of her age or
a bona fide belief that she was sixteen years or older.”); Linehan v....
813 So. 2d 10, 2001 WL 617716
Supreme Court of Florida | Filed: Jun 7, 2000 | Docket: 1403387
Cited 39 times | Published
...n to mercy by a majority of the jury, in which case the punishment shall be life imprisonment. In 1974, the statute under which Huffman was charged was repealed. See ch. 74-121, § 1, at 372, Laws of Fla. In the same chapter, the Legislature enacted section 794.021, titled "Involuntary Sexual Battery." [2] In 1981, this Court held that a sentence of death for capital sexual battery constituted cruel and unusual punishment....
543 So. 2d 294, 1989 WL 41177
District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 1437828
Cited 19 times | Published
...ion with, the sexual organ of another or the anal or vaginal penetration of another by any other object...." In fleshing out chapter 794 in order fully to codify the elements of the crime formerly known as statutory rape, the legislature provided in section 794.021 that: When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense....
...Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense. Because of the apparent dependence of section 800.04(2) upon section 794.011(1)(h), it is our view that the legislature intended section 794.021 to be operative in the implementation of section 800.04(2)....
...e of chastity and the presence of consent. It is our judgment that conduct violative of section 800.04 carries with it the same concept of "strict liability" that has traditionally characterized "statutory rape." Simmons. Thus, we are persuaded that section 794.021 forecloses Sorakrai from a defense based upon the victim's misrepresentation of her age or a bona fide belief that she was sixteen years or older....
11 So. 3d 428, 2009 Fla. App. LEXIS 5871, 2009 WL 1424047
District Court of Appeal of Florida | Filed: May 22, 2009 | Docket: 1656842
Cited 12 times | Published
...Brown has not argued that the trial judge failed to comply with rule 3.985. Therefore, we need not decide whether the trial judge's remarks on the record were sufficient to comply with the rule. [5] Section 794.022 in the 1974 supplement contains an erroneous reference to section 794.021 (ignorance of victim's age no defense)....
365 So. 2d 405
District Court of Appeal of Florida | Filed: Dec 5, 1978 | Docket: 1691847
Cited 9 times | Published
...charged. See Brown v. State, 206 So.2d 377 (Fla. 1968). Count II of the information, which charged the defendant with sexual battery, charged the use of a deadly weapon, as above quoted. The information recites the applicable statutory provision as Section 794.021(2), Florida Statutes (1975)....
...Smith was tried a third time resulting in the judgment and sentence here appealed. [2] Section 794.011, Florida Statutes (1975), which replaced the prior rape statute, Section 794.01, Florida Statutes (1973), became effective on October 1, 1974. Ch. 74-121, Laws of Florida. Section 794.021, which is cited in the information, does not create an offense but merely abolishes the defense of ignorance or belief as to the age of the victim....
866 So. 2d 1270, 2004 WL 432501
District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1680044
Cited 8 times | Published
...4th DCA 2002), review granted, 837 So.2d 412 (Fla.2003). Turning to the statute in question, the legislature left no doubt as to its intention that this offense be treated as a strict liability crime for which the State was not required to prove criminal scienter on the part of Hodge. Section 794.021, Florida Statutes (2000), unequivocally provides that ignorance or mistake of the victim's age is not a defense to the crime for which Hodge was charged: When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense....
937 So. 2d 818, 2006 WL 2682580
District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 1513085
Cited 6 times | Published
...erson 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree[.] The statute does not require the State to prove the defendant's knowledge of the minor's age. To the contrary, section 794.021, Florida Statutes (2003), provides that ignorance or belief as to a victim's age is no defense....
...State, 866 So.2d 1270, 1272 (Fla. 4th DCA 2004), our statute settles the question: [T]he legislature left no doubt as to its intention that this offense be treated as a strict liability crime for which the State was not required to prove criminal scienter . . . . Section 794.021, Florida Statutes (2000), unequivocally provides that ignorance or mistake of the victim's age is not a defense to the crime[.] Appellant does not, indeed, argue that the statute is equivocal or doubtful in disallowing ignorance of age as a defense....
1 So. 3d 1158, 2009 Fla. App. LEXIS 360, 2009 WL 188047
District Court of Appeal of Florida | Filed: Jan 23, 2009 | Docket: 1174583
Cited 1 times | Published
...ith State v. Rife, 789 So.2d 288 (Fla.2001). Of course, neither the victim's misrepresentation of her age nor Mr. Rivera's bona fide belief that she was at least eighteen years of age would have been a defense to the crime with which he was charged. § 794.021; see Feliciano v....
190 So. 3d 1055, 2016 WL 1460708
Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053710
Cited 1 times | Published
medical purposes is not a sexual battery. § 794.021, Fla. Stat. Ignorance of (victim’s) age
257 So. 3d 370
Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607
Published
937 So.2d 818 (Fla. 1st DCA 2006); § 794.021, Fla. Stat. *374 The defendant's
Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2010 | Docket: 2907259
Published
...Sorakrai, 543 So. 2d 294, 295 (Fla.
2d DCA 1989) (“It is our judgment that conduct violative of section 800.04 carries
with it the same concept of ‘strict liability’ that has traditionally characterized
‘statutory rape.’ Thus, we are persuaded that section 794.021 forecloses [the
defendant] from a defense based upon the victim’s misrepresentation of her age or
a bona fide belief that she was sixteen years or older.”); Linehan v....
156 So. 3d 1037, 2015 WL 358011
Supreme Court of Florida | Filed: Jan 29, 2015 | Docket: 2629104
Published
...Give if applicable.
“Union” means contact.
Give if requested. Khianthalat v. State, 974 So. 2d 359 (Fla. 2008).
Consent of (victim) is not a defense to the crime charged.
Give if requested. § 794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§ 794.021, Fla....
...- 15 -
Definition. Give if applicable.
“Union” means contact.
Give if requested. § 794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§ 794.021, Fla....
...However, any act done for bona fide medical purposes is not a sexual
battery.
Definition. Give if applicable.
“Union” means contact.
Give if requested. § 794.022, Fla. Stat.
(Victim’s) lack of chastity is not a defense to the crime charged.
§ 794.021, Fla....
156 So. 3d 1037
Supreme Court of Florida | Filed: Jan 29, 2015 | Docket: 60294043
Published
chastity is not a defense to the crime charged. § 794.021, Fla. Stat. Ignorance of (victim’s) age, (victim’s)
356 So. 2d 351, 1978 Fla. App. LEXIS 15480
District Court of Appeal of Florida | Filed: Feb 27, 1978 | Docket: 64563390
Published
indictment, the first count alleging a violation of F.S. 794.021(1) (apparently intending to allege a violation
